QLDIn ForceAct
Right to Information Act 2009
sec.119Appeal to Queensland Civil and Administrative Tribunal on question of law
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### sec.119 Appeal to Queensland Civil and Administrative Tribunal on question of law
A participant in an external review may appeal to the appeal tribunal against a decision of the information commissioner on the external review.
Also, a person affected by a judicial function decision may appeal to the appeal tribunal against a judicial function decision.
The appeal may only be on a question of law.
The notice of appeal must, unless the appeal tribunal orders otherwise—
be filed in QCAT’s registry within 20 business days after the date of the decision appealed from; and
be served as soon as possible—
for a participant in an external review—on all participants in the external review; or
for a person affected by a judicial function decision—on the entity that made the decision.
The appeal tribunal—
has jurisdiction to hear and decide the appeal; and
must be constituted by 1 judicial member.
For an appeal against a decision of the information commissioner under subsection (1) , the participants in the external review, other than the information commissioner, are parties to the appeal.
s 119 amd 2023 No. 32 s 128
(sec.119-ssec.1) A participant in an external review may appeal to the appeal tribunal against a decision of the information commissioner on the external review.
(sec.119-ssec.2) Also, a person affected by a judicial function decision may appeal to the appeal tribunal against a judicial function decision.
(sec.119-ssec.3) The appeal may only be on a question of law.
(sec.119-ssec.4) The notice of appeal must, unless the appeal tribunal orders otherwise— be filed in QCAT’s registry within 20 business days after the date of the decision appealed from; and be served as soon as possible— for a participant in an external review—on all participants in the external review; or for a person affected by a judicial function decision—on the entity that made the decision.
(sec.119-ssec.5) The appeal tribunal— has jurisdiction to hear and decide the appeal; and must be constituted by 1 judicial member.
(sec.119-ssec.6) For an appeal against a decision of the information commissioner under subsection (1) , the participants in the external review, other than the information commissioner, are parties to the appeal.
- (a) be filed in QCAT’s registry within 20 business days after the date of the decision appealed from; and
- (b) be served as soon as possible— (i) for a participant in an external review—on all participants in the external review; or (ii) for a person affected by a judicial function decision—on the entity that made the decision.
- (i) for a participant in an external review—on all participants in the external review; or
- (ii) for a person affected by a judicial function decision—on the entity that made the decision.
- (i) for a participant in an external review—on all participants in the external review; or
- (ii) for a person affected by a judicial function decision—on the entity that made the decision.
- (a) has jurisdiction to hear and decide the appeal; and
- (b) must be constituted by 1 judicial member.